PA: Crim Pro

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Author:
benlaw
ID:
26688
Filename:
PA: Crim Pro
Updated:
2010-07-20 19:57:21
Tags:
Pa
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  1. Edmunds Test
    • EDMUNDS: analysis requires --
    • (1) Text;
    • (2) History;
    • (3) Related Case Law; AND
    • (4) Policy Considerations.
  2. Canine Sniffs
    • Persons: probable cause
    • Places: reasonable suspicion
  3. Exclusion Rules
    Where invalid warrant: no good faith exception to warrant exclusionary rule.
  4. Alcohol/Drug Tests
    GEN: drug/alcohol testing requirement not permitted for high school curriculars.
  5. Flight and Reasonable Suspicion
    GEN: Unprovoked flight at the sight of police can be a factor in a reasonable suspicion analysis.
  6. Warrant Requirements
    GEN: PA requires greater particularity WRT warrant requirements.
  7. Electronic Surveillance and Informants
    • GEN: Court cannot send informants into the home of an individual to record conversations.
    • Violation of REOP.
  8. Physician-Patient Privilege (PA)
    KEY: Applies on in CIVIL proceedings, and privilege is held by the patient, NOT the doctor.

    • >> Comm. b/wn doctor and patient, cannot "blacken" the latter's reputation.
    • >> Doesn't apply to reports/testimony re: injuries suffered by criminal acts or deadly weapons.
  9. Conspiracy (PA)
    KEY: Requires an Overt Act!

    REQS: Agreement w/ (1) intent to agree; (2) an intent to pursue an unlawful objective; AND (3) an overt act.

    • DEFENSE: In PA, renunciation is a defense if circumstances manifest a complete and voluntary renunciation of one's criminal intent.
    • >> Renunciation NOT present if withdrawal based on fear of getting caught or desire to postpone crim activity.
    • >> Renunciation MAY require neutralizing assistance that a co-conspirator has provided to co-consp.
  10. Search Incident to Lawful Arrest
    * Distinguish for Belton *
    PA: Unlike fed con law, officers cannot search -- without a warrant or consent -- the passenger compartment of a car following when the car passengers have been arrested outside the vehicle.
  11. Seizure v. Arrest
    SEIZURE: occurs when a reasonable person would believe that she is not free to leave or terminate an encounter with the government.

    ARREST: When police tak a person into custofy against her will for the purposes of a crim prosecution/interrog.
  12. PA: Knock and Announce Violations
    GEN: Whereas the federal common law provides that a KaA violation is an exception to the exclusionary rule, PA law does not honor such an exception UNLESS there's evidence of exigent circumstances. Otherwise, evidence obtained in violation of the KaA rule is excluded as "fruit of the poisonous tree."
  13. PA: Lethal Self-Defense
    • GEN: In PA, unlike the majority of states, there is a RETREAT requirement, if it is safe to do so, unless:
    • (1) need not retreat from your home;
    • (2) need not retreat if you are the victim of a rape/robbery; OR
    • (3) police officers need not retreat.
  14. Searches and Standing
    KEY: Unlike the U.S. Constitution, the PA Constitution provides persons who are on the premises during a search with automatic standing to assert a violation of their constitutional rights.

    • INCLUDES:
    • (1) Present at the time of the search;
    • (2) Possessort interest in the evidence improperly seized;
    • (3) Possession was an essential element in prosecution's case; OR
    • (4) Proprietary interest in the premises searched.
  15. Bad Warrants: No Good Faith Exception to Exclusionary Rule
    PA: No good faith exception to the E.R. where a warrant is invalid b/c it was not based on probable cause. Cannot look behind the face of the warrant (ie. look at whether reasonable).

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